Davis v. State
Court of Appeals of Georgia
Indictment for possessing liquor; from Forsyth superior court — Judge Blair. April 29, 1922. Sheriff Merritt, of Forsyth county, testified, that the first time lie saw Iienry Davis, the defendant, he saw two Overland cars — little fours — going north, towards Dawson countjr, “just about good dark,” and that, with his deputy, Bennett, he lay in wait that night and until between two and three o’clock in the morning, when two cars of the same kind, which in his opinion were the…
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Indictment for possessing liquor; from Forsyth superior court — Judge Blair. April 29, 1922. Sheriff Merritt, of Forsyth county, testified, that the first time lie saw Iienry Davis, the defendant, he saw two Overland cars — little fours — going north, towards Dawson countjr, “just about good dark,” and that, with his deputy, Bennett, he lay in wait that night and until between two and three o’clock in the morning, when two cars of the same kind, which in his opinion were the same cars, came back; that he and his deputy put two sills across the road, to block the cars coming back, and when he…
1Opinion of the Court
Broyles, O. J.
The evidence relied upon to connect the defendant with the offense charged was entirely circumstantial, and, though, consistent with his guilt, was not sufficient to exclude every other reasonable hypothesis. The court, therefore,' erred in overruling the motion for a new trial.
Judgment reversed.
Luke and Bloodworth, JJ., concur. Bennett testified: “ I was sort of even with the block at the time the cars were captured. I saw this defendant Henry Davis in the front car that was captured. When the front car was approaching the block and about the time it made its stop, there was a…
2Cited by4 opinions
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- Clark v. StateCourt of Appeals of Georgia · 1923
- Adrian v. StateCourt of Appeals of Georgia · 1931
- McCullough v. StateCourt of Appeals of Georgia · 1950